OPINION NO. 50, S. 1987, Republic of the Philippines

OPINION NO. 50, S. 1987

Date:    April 29, 1987

Source:    Ministry of Justice

Subject:    Philippine Department of Health Request for a Written Statement Whether or Not the Within Draft of the Population Policy Statement which is scheduled for discussion at the Population Commission (POPCOM) Board Meeting on April 29, 1997 "shows any inconsistency with the 1987 Constitution".

Text:

This refers to your request for our written statement whether or not the within draft of the Population Policy Statement which is scheduled for discussion at the Population Commission (POPCOM) Board Meeting on April 29, 1987 "shows any inconsistency with the 1987 Constitution".

We have closely examined the said draft Policy Statement and found no inconsistency between the contents thereof and the provisions of the 1987 Constitution. Particularly, the basic principles enunciated in the draft and the program thrusts formulated therein on the basis of said principles are in conformity with the constitutional provisions cited in the draft Policy Statement as well as with other constitutional provisions not specifically mentioned, such as Sections 22 and 23 of Article II, Section 16, Article XIII and Section 17, Article XIV.

In particular, it is worthwhile to mention that the government’s population policy is consistent with the constitutional mandate that the State " shall equally protect the life of the mother and the life of the unborn from conception" (Sec. 12, Art. II). This is clear from the records of the proceedings of the 1986 Constitutional Commission. Quoted hereunder are pertinent portions of Journal 85 dated September 17, 1986 of the Constitutional Commission:

"On Section 9, Mr. Azcuna agreed that by institutionalizing the term "the life of the unborn from the moment of conception" would, in effect, unconstitutionalize the use of certain contraceptive which are already being encouraged at this point in time.

On how would this provision affect the existing population program being implemented by the Population Commission, if any, and whether the approval of said provision would mean that the provision in the Article on General Provisions population would have to be deleted, Mr. Nolledo stated that it would not be necessary because family planning is consistent with the provision that there should be protection to the unborn and, therefore, adopting the second sentence of Section 9 would refer family planning only to preventive pregnancy as stated by Mr. Azcuna".

Further, the Commission’s Journal states:

"On Mrs. Quezada’s inquiry relative to certain contraceptive methods which are considered abortifacient and on whether these shall be banned from approval of the Constitutional provision. Mr. Nolledo replied that "protection to life" does not refer to preventive pregnancy. He noted that preventive pregnancy would be covered by "population control policy" but stressed that the moment there is life, that life must be protected". (Con. Com Journal, Nos. 87089, Sept. 19, 1986, p. 11)

With respect to the categorical declaration of the principle that abortion is rejected as a means for controlling fertility, the proceedings before the Constitutional Commission sustain its constitutionality, as follows:

"Mr. Suarez inquired whether, upon approval of the provision, from a criminal law standpoint the offense of abortion would be considered a crime of higher category like murder. In reply thereto, Mr. Nolledo stated that abortion can be categorized as murder because the child cannot defend itself".

As regards the statement in the penultimate paragraph of the "draft that the "POPCOM" will be primarily responsible in coordinating, monitoring and formulating policies on these aspects of population policy" (underscoring supplied), it may be more accurate to adopt the language of the provisions of P.D. No. 79, "Revising the Population Act of Nineteen Hundred and Seventy One", that the purposes and objectives of the POPCOM are, among others, to "formulate and adopt x x x plans and programs and recommendations on population" (Sec. 4[a], P.D. No. 79) and "propose policies and programs" (Sec. 4[b], Ibid.), mentioned in the aforesaid Decree.